Anaheim City Council
November 19, 2024

CITY OF ANAHEIM

DEPARTMENT OF PUBLIC WORKS

REQUEST FOR PROPOSALS

TO PROVIDE

PROFESSIONAL SERVICES FOR

COMMUNITY WORKFORCE AGREEMENT (CWA)

ADMINISTRATION SERVICES

SUBMIT PROPOSALS TO
Department of Public Works Construction Services Division 2nd Floor Engineering Counter
200 S. Anaheim Boulevard, Suite 276
Anaheim, CA 92805

Attn: John Martin
Contract Administration

Submit one (1) original proposal, two (2) bounded copies, and upload a complete electronic PDF version onto PlanetBids

https://www.planetbids.com/portal/portal.cfm?CompanyID=14424&BidID=120795

REQUEST FOR PROPOSALS KEY DATE S
Requests for Clarifications and Questions Due Thursday, September 5, 2024, 5:00 p.m.

Proposals Due: Thursday, September 19, 2024, 5:00 p.m.

City of Anaheim Request for Proposals

INTRODUCTION
The City of Anaheim (City) invites the submittal of written Request for Proposals (RFP) from qualified firms to provide Community Workforce Agreement (CWA) Administration Services and support the efforts of the City, awarded Contractors, and subcontractors of all tiers to administer and facilitate the enforcement of the obligations of the CWA on covered Project Work.

Background
The City has approved a CWA (Exhibit A) for covered Project Work defined on a projects list attached to the CWA as Attachment F. The list includes large projects that tend to use more extensive labor forces and would apply to both new construction and major rehabilitation projects identified through the Capital Improvement Program.

The CWA is a pre-hire collective bargaining agreement between the City, Los Angeles/Orange Counties Building and Construction Trades Council, and the S ignatory Craft Councils and Local Unions with a five- year term; and establishes labor relations pr ocedures for awarded Contractors to follow when engaging craft employees, specifically Local Hires for covered Project Work. A goal of at least thirty-five (35) percent of the total work hours shall be performed by Local Hires as described in the Community Workforce Agreement.

Scope of Work
The City will select one or more firm(s) to provide CWA Administration Services who will work closely with City staff, the City’s CWA Administrator, awarded C ontractors, and subcontractors of all tiers in the administration and enforce the obligations of the CWA on covered Project Work. The selected firm(s) shall designate a coordinator for each covered proj ect who will maintain and account for the hours dedicated to the administration of the CWA, submit a Weekly Activity Report to the City’s CWA Administrator, and assist in the preparation of reports to the City Council on the status of the CWA.

Services provided by firm(s) providing CWA Administration Services include, but are not limited to:
 Provide support to City staff and the City’s CWA Administrator as required to administer the CWA  Assist with CWA interpretation and notices
 Provide CWA compliance education at Pre-Bid and Pre-Construction meetings  Assist with implementing best practices related to the CWA  Evaluate and review areas of concern regarding CWA administration and compliance and work with City staff and the City’s CWA Administrator to develop solutions and resolve issues  Monitor and facilitate administration and compliance with CWA provisions by Contractors and Unions
 Make recommendations regarding enforcement actions in accordance with the CWA as they relate to the construction contract
 Visit construction sites to observe and report on compliance with the CWA by Contractors and Unions
 Maintain files and electronic databases related to the CWA as follows:
 Contractors: Maintain letters of assent (including but not limited to confirming Contractor’s trust fund final contributions, subcontractor substitutions, addition of new subcontractors, attending pre-job conferences for prime Contractors and subcontractors); utilization of Local Workforce (City residents, County residents, veterans, graduates of high schools located in Anaheim, and disadvantaged individuals); payment of prevailing wage, and apprentice compliance
City of Anaheim Request for Proposals

 Unions: Monitor conflicts between Unions and Contra ctors, maintain grievance procedural documentation and prepare associated reports (document number of grievances filed, how many were resolved or unresolved, the jurisdictional disposition and arbitration decision, if any); monitor Unions’ compliance with supporting pr e-apprentice referral programs, including outreach efforts
 Assist City staff and the City’s CWA Administrator with scheduling, facilitating and conducting educational meetings with CWA stakeholders (i.e. Cit y Council, City staff, and the public), including developing educational materials and presentations  Prepare status updates on the Agreement, including key metrics and a description of any obstacles and lessons learned throughout the process, as well as a one-page CWA dashboard report for each applicable CWA project
 Submit a final compliance report at the conclusion of each project that includes all CWA-related data, reports, and certified payroll of each contractor and subcontractor for the project.

While this RFP primarily focuses on CWA Administration, companies with the capability to provide additional related services, such as Skilled and Trained Workforce (STW) Administration Services, are highly encouraged to include these offerings in their proposal and fee schedule.

Services provided by firm(s) providing STW Administration Services include, but are not limited to:

 Provide support to City staff as required to administer the Skilled and Trained Workforce requirements
 Assist with STW. Public Contract Code (PCC) 2600-2603 interpretation and notices  Assist with implementing best practices related to the STW and PCC 2600-2603  Evaluate and review areas of concern regarding STW administration and compliance and work with City staff and the City’s Contract Administrator to develop solutions and resolve issues  Monitor and facilitate administration and compliance with STW provisions by Contractors and Subcontractors
 Make recommendations regarding enforcement actions in accordance with the STW as they relate to the PCC 2600-2603 and construction contract
 Maintain files and electronic databases related to the STW of Monthly Compliance Reports or Substantial Compliance Plan and applicable correspondence.  Assist City staff and the City’s Contract Administrator with scheduling, facilitating, and conducting educational meetings with STW stakeholders (i.e. City Council, City staff, and the public), including developing educational materials and presentations
 Prepare status updates on the Agreement, including key metrics and a description of any obstacles and lessons learned throughout the process, as well as a one-page STW dashboard report for each applicable project
 Submit a final compliance and report of at the conclusion of each project that includes all STW- related data, and reports of each contractor and subcontractor for the project.

City of Anaheim Request for Proposals

Schedule
The solicitation, receipt, evaluation of proposals, and selection of the Consultant(s) will be in accordance with the following schedule. The followi ng dates are tentative and represent the best information available to the City at the time of release of this Request for Proposals.

Activity Date
RFP Available Thursday, 8/22/2024
Requests for Clarifications and Questions Due Thursday, 9/5/2024 Proposals Due Thursday, 9/19/2024
Proposal Review Friday, 9/20/2024 -
Wednesday, 10/9/2024

Interviews (if needed) Thursday, 10/3/2024
Proposal Follow -up & Selection Thursday, 10/10/2024
Council Award Wednesday, 11/13/2024

SUBMITTAL REQUIREMENTS
Submittals should be concise, should not include any material to be returned to the firm, and are limited to twenty (20) double -sided pages or forty (40) PDF sheets excluding cover letter, table of contents, and resumes.

1. Submit one (1) original copy, two (2) bound copies, and one (1) sealed Fee Schedule to.:

City of Anaheim – 2nd Floor Engineering Counter
200 S. Anaheim Blvd. Anaheim, CA 92805
ATTN: John Martin, Contract Administration
Submittals must be received on or before the due date and time; and be clearly marked as follows:

REQUEST FOR PROPOSAL SUBMITTAL:

COMMUNITY WORKFORCE AGREEMENT (CWA) ADMINISTRATION SERVICES 2024

2. Upload a complete electronic PDF version onto PlanetBids

3. Email a digital copy of the Fee Schedule to Samantha Bahena, [email protected]

PROPOSAL SUBMISSION REQUIREMENTS
Submittals shall be structured to respond to the following selection criteria:

A. Firm Overview : Provide an overview of the firm’s services, including the major services provided, the size of the firm, a summary of corporate organi zation, location and size of corporate headquarters and the location and sizes of branch offices at which work may be performed. Clearly indicate which office will have the primary responsibility for the execution of services.

B. Understanding of the Scope of Work : Provide a narrative of the Consultant’s understanding of the Scope of Work and proposal to complete the project.
 Demonstrate the Consultant’s approach and ability to administer the agreement  Describe the method for interfacing with City staff and various City departments involved in the implementation of the CWA
 Discuss additional activities your firm believes are necessary and would use as part of their approach to administering the CWA including, but not limited to:
 CWA contract interpretation and clarification
 Contractor meetings with Unions
City of Anaheim Request for Proposals

 Grievance and conflict documentation, investigations, assistance and resolution  Jurisdictional conflicts and resolution
 Interface with LA/Orange County and National Building and Construction Trades Council and the Signatory Craft Councils and Local Unions
 Pre-Bid and Pre-Construction Meetings

C. Project Team : Identify the firm’s proposed CWA Coordinators, their expected level of effort, type and years of relevant experience, length of service wit h the firm, and office location. Include an organizational chart.

D. Professional Experience and Qualifications : Provide a brief summary of key personnel, citing their professional experience and qualifications emphasiz ing education, licenses, certifications and technical experience.
 Work experience should identify the year, job title and the firm of employment at the time the work was done.
 Detailed resumes, if submitted, should be included in an appendix to the Proposal.  Summaries submitted in this section should address the personal experience of the key team members giving particular attention to experience and working relationships with the following:
 Community Workforce Agreements (CWA), Project Labor Agreements (PLA), or Master Labor Agreements (MLA) in Southern California (specify either CWA, PLA, or MLA)  CWA, PLA, or MLA Administration with LA/Orange Coun ty and National Building and Construction Trades Council and the Signatory Craft Councils and Local Unions (specify either CWA, PLA, or MLA)
 Grievance/Dispute Resolution
 Compliance Administration
 Prevailing Wage and Benefit Fund Contribution Requirements  Large Public Works Organizations

E. Relevant Project Experience of the Team : Provide brief project summaries including descriptions of three (3) projects that demonstrate administrati ve experience with CWAs for Public Works clients. For each project listed, include details such as the description of the firm’s participation and individual responsibilities on the project and how it is applicable to this Contract, key personnel who did the work, dates, total Consultant fees earned and total project cost. In addition, provide current name, address, and phone number of referenc es for each project. An emphasis will be placed on the quality and relevance of previous project experience.  Address Contractor inquiries on CWA hiring procedures, enforcement, trust fund, reporting and payment
 CWA education and assistance with City Council, City Staff, or various City Departments  CWA orientation for new Contractors
F. Fee Schedule : Provide a current schedule of hourly rates for ea ch staff member for the work proposed by the Consultant team. Include an explanation of the basis for the billable rates: direct labor cost, percentages for fringe benefits, overhead (including general and administrative costs), and profit. Upon execution of a professional servic es agreement with the City and upon commencement of the services, the Consultant shall invoice the City monthly for actual services performed. Fees must include all reimbursables and hourly rates for all additional work. The City reserves the right to award a contract for all or part of the indicated fees.  Prior to the proposal deadline mail one (1) physica l copy with a wet signature of the firm’s Authorized Representative of the Fee Scheule and email a PDF copy to Samantha Bahena at [email protected].
 Submit as a separate attachment, do not combine or bind with the Proposal Submittal.

City of Anaheim Request for Proposals

G. Litigation : Firms are required to list (including case number, court location, and other identifying information) past, current or pending litigation resulting from professional services rendered over the past five years. If a decision was rendered by a court or an arbitrator, clearly state the results.

H. References : Provide a minimum of three references for current or recent projects of similar scope and content.

CONTRACT CONDITIONS

A. The following represents the City’s standard langua ge for the insurance provisions in its professional services contracts. With few exceptions, the language in the final Agreement will be as shown here. If the Consultant has any specific concerns regarding any of the City’s insurance language or requirements, which would render the proposer unable or unwilling to enter into an Agreement with the City, the Consultant shall ident ify these concerns in its proposal or via a Request for Clarification. Deviations from the City’s standard language will result in the disqualification by the City in its evaluation of the responsiveness of a proposal.

Without limiting the City’s right to indemnification, it is agreed that Consultant shall secure, prior to commencing any activities under this Agreement, and maintain, during the term of this Agreement, insurance coverage as follows:

1. Workers’ Compensation Insurance as required by California law and Employers Liabili ty Insurance in an amount not less than $1,000,000 per occurrence.

2. Commercial General Liability Insurance including coverage for Premises and Operations, Contractual Liability, Personal Injury Liability, P roducts/Completed Operations Liability, and Independent Consultant’s Liability, in an amount not less than $2,000,000 per occurrence, $4,000,000 annual aggregate, written on an occurrence form. Such insurance shall be written on a primary basis but may include a deductible of not more than $10,000 per occurrence, provided that such deductible is disclosed to the City, in writing, at the inception of this Agreement. (This coverage written with a Self-Insured Retention can be submitted for approval by the Risk Manager prior to the inception of the final Agreement.)

3. Comprehensive Automobile Liability Coverage including—as applicable—owned, non-owned, and hired autos, in an amount not less than $1,000,000 per occurrence, combined single limit, as required by California law.

4. Professional Liability Insurance in an amount not less than $1,000,000 per occurrence, and CONSULTANT shall maintain such coverage for at least one (1) year from the termination of this Agreement. Such insurance shall be written on a primary basis but may include a deductible of not more than $10,000 per occurrence, provided that such deductible is disclosed to the City, in writing, at the inception of this Agreement. (This coverage written with a Self-Insured Retention can be submitted for approval by the Risk Manager prior to inception of the final Agreement.)

5. Due to fluctuating insurance coverage changes, additional coverage may be required above that specified.

6. The Certificate of Insurance must name the City of Anaheim as an additional insured and must be approved by the City Attorney’s Office and Risk Management before the Agreement between the City and Consultant can be submitted for consideration by the Anaheim City Council.

7. A copy of the City’s standard language regarding in demnification and insurance is attached (See Exhibit B). The language in the final Agreemen t will be substantially the same as that attached.

City of Anaheim Request for Proposals

B. Selected Consultant(s) shall avoid a conflict of interest. A conflict of interest occurs when the firm or any members of the firm provides services on beh alf of more than one client on a project covered by the CWA. A consultant hired to provide C WA Administration Services on a covered project shall be precluded from providing services to another client on the same project.

SELECTION PROCESS

A selection committee comprised of City staff will review the proposals and score each individual proposal. Consultants may or may not be asked to in terview based on rankings. The firms shall be scored on the basis of the following technical eval uation criteria, which are not necessarily listed i n the order of importance:

1. Ability of the Consultant to perform the specific tasks outlined in the RFP.

2. Qualifications of the specific individuals who will work on the project.

3. Amount of time and involvement of key personnel who will be involved in respective portions of the project.

4. Reasonableness of the fee requested to do the work.

5. Demonstrated record of success by the Consultant on similar work previously performed.

6. The specific method and techniques to be employed by the Consultant on the project or problem.

7. Reference check of the firm(s) and individuals, and of their project experience, as well as technical competence.

The selection will be based on a weighted scale of these components as valued by the reviewing departments. The City reserves the right to negotiate all prices prior to entering into a binding agreement with the Consultant. The final agreement will be a “Not to Exceed” contract. All work considered to be out of scope must be immediately identified as such by the Consultant for consideration of additional payment.

QUESTIONS
Requests for clarification and questions on the requirements of this RFP must be submitted to John Martin, [email protected] or (714) 765-5157. Inquiries received after the Requests for Clarification and Questions Due Date will not be answered.

EXHIBITS TO THIS RFP

• Exhibit A Community Workforce Agreement by and betw een the City of Anaheim and Los Angeles/Orange Counties Building and Constructio n Trades Council and the Signatory Craft Councils and Local Unions

• Exhibit B Insurance, Indemnification & Hold Harmles s Provisions • Exhibit C Sample Consulting Agreement

EXHIBIT A
Community Workforce Agreement by and between the City of Anaheim and Los Angeles/Orange Counties Building and
Construction
Trades Council and the Signatory Craft Councils and Local Unions

EXHIBIT B
Insurance, Indemnification & Hold Harmless Provisions

EXHIBIT B – INSURANCE, INDEMNIFICATION & HOLD HARMLESS PROVISIONS

The following represents the City’s standard langua ge for the indemnification, defense and hold harmless provisions in its contracts. With very few exceptions, the language in the final Agreement will be as shown here. If a proposer has any specific concerns regarding any of the City’s indemnification language that would render the proposer unable or unwilling to enter into an Agreement with the City, proposer shall identify these concerns in his proposal. Deviations from the City’s standard language may be considered by City in its evaluation of the responsiveness of a proposal.

[Note: Proposer should also be aware it is the City ’s practice not to enter into Agreements that contain restrictive limitation of liability language or provisions.]

INDEMNIFICATION

As respects acts, errors or omissions in the performance of professional services, CONSULTANT agrees to indemnify and hold harmless ANAHEIM, its officials, officers, and employees from and against any and all claims, losses, damages, defense costs, or liability, of any kind or nature, arising directly out of the negligent acts, errors or omissions of the CONSULTANT or any SUB-AGENT in the performance of professional services under this Agreement.

As respects all acts, errors or omissions that do n ot arise directly out of the performance of professional services, including but not limited to those acts, errors or omissions typically covered by general and automobile liability insurance, CONSULTANT agrees to indemnify, defend (at ANAHEIM'S option), and hold harmless ANAHEIM, its officials, officers, employees, agents, and representatives from and against any and all claims, losses, damages, defense costs, or liability, of any kind or nature (collectively referred to hereinafter as “Claims”), arising out of or in connection with CONSULTANT’S (or CONSULTANT'S AGENT or SUB-AGENT, if any) acts, errors, omissions, or work, relative to this Agreement; except for those Claims that arise out o f the sole negligence or willful misconduct of ANAHEIM.

The obligations set forth in this indemnification provision (i) shall be in effect without regard to whether or not ANAHEIM, CONSULTANT, or any other person maintains, or fails to maintain, insurance coverage, or a self-insurance program, for any such Claims; a nd (ii) shall survive the termination of this Agreement.